17 Discretion to allow relief for claim of abuse of minor or of gradual process, disease, or infection injury

(1)

This section applies to a claim—

(a)

of a kind specified in subsection (2) or (4); and

(b)

made in a civil proceeding commenced in a specified court or tribunal; and

(c)

against which the defendant could establish, or has established, a defence under this Part.

(2)

Subsection (1)(a) applies to a claim in respect of abuse of the claimant (A) when he or she was aged under 18 years, and that is wholly or partly sexual abuse of A by any 1 or more persons, or is wholly non-sexual abuse of A by 1 or more persons who are or include—

(a)

a person who is, or has at any time been, a parent, step-parent, or legal guardian of A (B); or

(b)

a person who is, or has at any time been, a close relative or close associate of B (C).

(3)

Abuse, in the expressions “sexual abuse” and “non-sexual abuse” in subsection (2), means physical abuse, psychological abuse, or a combination of both.

(4)

Subsection (1)(a) also applies to a claim in respect of a personal injury—

(a)

of the claimant (A) when he or she was of any age; and

(b)

caused by a gradual process, disease, or infection.

(5)

Personal injury, in subsection (4), means any physical, mental, or physical and mental injury (even if it causes the death), of the claimant.

(6)

The specified court or tribunal may, if it thinks it just to do so on an application made to it for the purpose, order that monetary relief may be granted in respect of the claim as if no defence under this Part applies to it.

(7)

The application for the order may be made before or after the court or tribunal has decided whether the defendant has established a defence under this Part against the claim.

Compare: Limitation Act 1969 s 50E(2) (NSW); Limitation of Actions Act 1958 s 27I(2) (Vic); Limitation Act 1980 s 33 (UK)